The Great Falls town council can no longer use the name of Jesus Christ in its commencement prayers.

U.S. District Court Judge Cameron McGowan Currie issued an order Aug. 21 that permanently prohibits the town, mayor, members of council and any officer, agent, servant or employee of the town from invoking the name of a specific deity associated with any one specific faith or belief in prayers given at town council meetings.

The judge's decision came two years after Darla Wynne alleged council violated the first amendment to the U.S. Constitution. Wynne filed suit against the town in an effort to have council offer a generic form of prayer and not mention a specific deity.

Wynne, the assistant national director of W.A.R.D. (Witches Against Religious Discrimination), is of the Wiccan faith, an earth-based religion reconstructed from ancient pagan beliefs.

Wynne's civil suit did not request any monetary payment, only to stop using the name of a specific deity during the prayer.

The lawsuit states Mayor H.C. Starnes Jr. and all council members are of the Christian faith and when a town council member gives the invocation, citizens attending customarily stand and bow their heads.

Prior to one meeting, Wynne said she was questioned by three town council members about her Wiccan beliefs. Wynne also said she arrived minutes late to another meeting to avoid the prayer and she was not allowed to participate in the meeting although she had signed up to speak during the meeting and was listed on the agenda.

Wynne proposed the prayer's references be limited to "God" or alternatively that members of different religions be invited to give prayers.

"Mayor Starnes responded to the effect that This is the way we've always done things and we're not going to change." the lawsuit stated.

Starnes also told the court that everyone on town council is Christian and until someone from another faith is elected to council, he did not expect council's traditional prayer would change.

Members of several Christian churches and Christian ministers pledged support to council and presented letters and petitions indicating church members supported and encouraged council's decision to continue its practice of opening meetings with Christian prayer. The letters also noted church members were in opposition to allowing an alternative prayer.

Wynne said she preferred council reference to god or goddess but she was willing to compromise if the prayer used a generic term and was not a Christian prayer.

She said she offered the compromise in court but the town's attorney would not accept her offer.

Wynne said she feels her religion has played a major role in her discord with council.

"I don't think if I were Jewish, I'd have this problem," Wynne said. "It's because I am Wiccan."

Wynne said she was very excited to receive the telephone call from Columbia attorney Herbert Buhl III informing her of the judge's ruling in her favor.

"I felt like shouting," Wynne said. "I was hoping the ruling would stop some of the behavior I've encountered but it hasn't."

Wynne said she has received death threats by telephone and e-mail and has also received threats that her house would be burned.

"The council has treated me poorly," Wynne said. "They do not take anything I say seriously. They've never addressed any issue I've brought to them.

"I feel like the council is working to ostracize me and possibly run me out-of-town."

Wynne also claims she has been treated unfairly by Town Attorney Brian Gibbons.

"The town attorney hung up on me," Wynne said. "He is the town attorney but he is also my attorney since I'm a citizen and he represents the town."

Wynne said she called Gibbons to discuss issues regarding Councilman Glenn Ross. Gibbons, she said, would not discuss the issues with her.

Wynne said her original request was for council not to force their religion on her and not to favor one religion over another.

"I wanted to prevent them from promoting their religion," she said.

Although Wynne said she is not against Christians, she said she did not want council to reference to Christ in their prayers.

Wynne said she felt council offered the prayer as they did in an attempt to disparage (belittle) her.

"I don't feel by filing the suit my intentions were to do harm to anybody," Wynne said. "I feel it will help the citizens and keep council in check."

Wynne said she expects the town to appeal the judge's ruling, possibly all the way to the Supreme Court.

Gibbons said he has received a copy of the court order. The town, he confirmed, plans to appeal the order.

"It's already in the process," he said.

The town, Gibbons said, will appeal to the U.S. Court of Appeals, 4th Circuit, in Richmond, Va. The appeal, Gibbons said, could take six to eight months or possibly a year to a year-and-a-half.

"In the meantime, the town intends to fully comply with the judge's order although we do not agree with it," Gibbons said.

"The town believes our position is correct under the law and the judge just interpreted the case law differently than we do," Gibbons said, referring to legislative prayer.

Council argued their beliefs and say the type of prayer offered followed the "Judeo-Christian" format and is a valid form of legislative prayer.

Council contended that one reference to Jesus, Christ or Jesus Christ in a prayer does not proselytize or aggressively advocate any one religion over another as that word or phrase is understood in plain terms. Council also claimed the town council's prayer is primarily for council members therefore it does not violate the establishment clause.

"When legislative prayer invokes the name of a specific deity associated with a specific faith or belief, it advances the "establishment of religion" by endorsing one particular religious faith in violation of the First Amendment," the court order stated.

"We don't' feel we've violated the principals our nation was founded on," Gibbons said. "While we disagree, we will respect and comply with the judge's ruling."

The ruling, Gibbons said, could have a snowball effect for other town and city councils as well as state governments.

Gibbons said it is his understanding Buhl is preparing an itemization of his fees and costs and plans to apply to the court to have the town reimburse him.

Mayor Starnes, Town Clerk Julie Blackwell said, was out of town and unavailable for comment.

Councilman J.C. Broom, who customarily offers the invocation, said he was disappointed but not surprised by the judge's ruling.

"I'll just abide by what the court says," Broom said.

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